george w. bush used it 141 times over the course of two terms 8 years. that's why jay carney said that this is going to be overturned eventually whether it's by the supreme court. take a listen. >> we respectfully but strongly disagree with this decision. it counters 150 years of precedent. there are over 280 recess appointments made in -- during intrasession recess appointments by democratic and republican administrations alike. >> carney also noting this was just one court that was ruling on one case in washington state. a suit that had been brought against the nlrb. that's why tonight at the white house they are not sweating too much. they believe that they can win at the supreme court and they think in the end this is going to be pushed out, shep. ed henry out in the yard. thank you. penn state university could soon settle several civil claims in the child sex scablegdz linked to the former assistant football coach jerry sandusky. that's what the lead negotiator is telling the associated press tonight. that investigator is kenneth feinberg. he is the